Approach to costs
Solicitors at Humphreys & Co. always aim to approach
legal work in a financially-disciplined way. We offer
competitive rates. Our charging approach is both transparent
and geared to the options open to our clients. Our
solicitors generally charge by reference to time spent but
we can often agree fixed fees for specific work or in some
cases risk-adjusted funding structures.
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Professional negligence solicitors: compensation claims
| Complaints about solicitors: negligence solicitors: negligence claims: negligence solicitors claims: compensation: wrong advice by solicitors, brokers, accountants, surveyors: litigation lawyers for London, UK, international clients |
Solicitors here advise on and conduct professional negligence claims that is to say actions for damages for negligence against bankers, architects, surveyors, estate agents, solicitors, accountants, brokers, patent agents, trade mark agents, barristers, financial advisers, doctors, other healthcare professionals, auditors, auctioneers, actuaries, computer consultants and any other advisor whose advice complained of was given in a professional capacity.
“We live in a society which is increasingly inclined to look for someone to blame when things go wrong. Instant access to information, higher standards of living and a less fatalistic approach to life are just a few of the factors which have contributed to a fundamental shift in attitudes over the past 30 years. Times have changed... Ultimately, the task of the courts in determining the limits of professional liability is that of holding the ring between competing interests. Society needs professionals [but it also] needs them to be accountable to their clients”
Mark Simpson |
For material on the general principles of negligence law, go to our Negligence page. For information on claims in respect of the actions of doctors and other healthcare workers go to the bottom of this page, click through to the private client section and go to the Medical Negligence page.
| NO WIN NO FEE may be available |
Professional Negligence Pre-Action Protocol
Claimants wishing to pursue a claim in negligence against a professional adviser must have regard to the Professional Negligence Pre-Action Protocol (unless the claim is against a construction professional or a healthcare professional in which case a different protocol will apply).
The Protocol specifies the procedure to be followed, the information to be exchanged between the parties and the timetable which must be adhered to in the early stages of a professional negligence claim before proceedings are formally issued.
It is intended that the Protocol will facilitate the early settlement of claims in professional negligence, ideally without the need for the commencement of proceedings (thereby saving time and expense). |
Avoiding claims for professional negligence
Professionals often attempt to exclude or restrict their liability for negligence by including an exclusion and/or limitation clause in their terms of engagement. To be effective an exclusion clause must be incorporated into the contract between the parties and brought to the attention of the party agreeing to the limitation. So for example if a letter of advice is produced and the only attempt at an exclusion clause is in that letter of advice the professional is unlikely to be able to use the clause as a defence to a claim in negligence.
The clause to be effective must also cover negligent act or omission and it will be strictly construed in this regard (with ambiguities interpreted against the party seeking to rely on the clause). Finally the clause will be subject to the Unfair Contract Terms Act.
The professional dealing with a consumer or on standard terms of business will not be able to exclude or restrict liability arising from negligence unless the clause through which he attempts to do so can satisfy the ‘reasonableness test’.
It is the professional who would need to prove reasonableness. In assessing whether or not a clause is reasonable, the court will take into account factors such as the resources available to the professional to meet the liability in question (rather than to exclude or restrict it) and the ability of the professional to insure itself against the liability.
It is not possible for a professional to exclude or restrict liability for death or personal injury arising from negligence under any circumstances. |
Professional negligence claims against solicitors and barristers
Generally speaking a professional negligence claim against a solicitor requires the claimant to show that the solicitor either did or failed to do something that a reasonably competent solicitor would not have done or done. There is a complex body of case law surrounding professional negligence and each case would need to be considered on its merits.
If it can be shown that even if the solicitor had given proper advice to its client, the client would have acted in exactly the same way, the chain of causation will be broken. This will prevent the client from proceeding with a claim in professional negligence. A solicitor is also entitled to rely on professional advice from counsel provided that advice is not obviously and glaringly wrong to someone with that solicitor’s expertise. If the claim relates to a settlement claim, then provided the solicitor gave advice that could be expected of a reasonable and competent lawyer he will not be negligent, even if that advice was relatively conservative or pessimistic.
Until July 2000 it was not possible for a barrister to be sued in professional negligence for public policy reasons. This meant that while claimants might have sued their solicitors for the actions of their barrister it would not have been possible for the solicitors to seek a contribution from the barrister. Ending this immunity made it possible for clients to bring an action against both their solicitor and their barrister and for the liability arising in negligence to be apportioned between them. | |
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Accessibility
We take instructions from UK & international clients. Our independent lawyers are available by email, telephone & fax. With central Bristol offices we are just 90 minutes from London by road or rail and 15 minutes from Bristol International Airport. We can travel to meetings if required.
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Independent approach
We are an independent professional law firm here, not a legal factory turning out mass-produced products. In our experience, determined case-handling is more likely to produce effective results.
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Turnaround time
Solicitors at Humphreys & Co. look to input not only
careful legal work and precision but also the determination
to keep matters moving. They aim to work in clients' real
interests with energy and pragmatism.
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Communication skills
Solicitors at Humphreys & Co. always try to open up the
legal process by giving advice and explaining options to
clients in a concise and straightforward way, identifying
clear courses of action whatever the technical or legal
complexities of the subject. |
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